Sanders v. Secretary of Health and Human Services

In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 16-704V Filed: September 19, 2016 UNPUBLISHED **************************** BARBARA SANDERS, * * Petitioner, * Ruling on Entitlement; Concession; v. * Influenza (“Flu”) Vaccination; Shoulder * Injury Related to Vaccine Administration SECRETARY OF HEALTH * (“SIRVA”); Special Processing Unit AND HUMAN SERVICES, * (“SPU”) * Respondent. * * **************************** John Robert Howie, Jr, Howie Law, P.C., Dallas, TX, for petitioner.

Gordon Elliot Shemin, U.S. Department of Justice, Washington, DC, for respondent.

RULING ON ENTITLEMENT1 Dorsey, Chief Special Master: On June 16, 2016, petitioner filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.,2 (the “Vaccine Act”). Petitioner alleges that as a result of her September 22, 2015 influenza (“flu”) vaccination she suffered a shoulder injury related to vaccine administration (“SIRVA”).

Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters.

On September 16, 2016, respondent filed her Rule 4(c) report in which she concedes that petitioner is entitled to compensation in this case. Respondent’s Rule 4(c) Report at 1. Specifically, respondent has concluded that petitioner’s alleged injury is consistent with a shoulder injury related to vaccine administration (SIRVA), and that it was caused in Because this unpublished ruling contains a reasoned explanation for the action in this case, the undersigned intends to post it on the United States Court of Federal Claims' website, in accordance with the E-Government Act of 2002. 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of Electronic Government Services). In accordance with Vaccine Rule 18(b), petitioner has 14 days to identify and move to redact medical or other information, the disclosure of which would constitute an unwarranted invasion of privacy. If, upon review, the undersigned agrees that the identified material fits within this definition, the undersigned will redact such material from public access.

National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for ease of citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2012). fact by the flu vaccine she received on September 22, 2015. [Respondent] did not identify any other causes for petitioner’s SIRVA, and records reflect that she has suffered the sequela of her injury for more than six months. Based on the medical records . . . petitioner has met the statutory requirements for entitlement to compensation. See 42 U.S.C. § 300aa-13(a)(1)(B); 42 U.S.C. § 300aa-11(c)(1)(D).

Id. at 4. Respondent further indicates that “based on the record as it now stands, petitioner has satisfied all legal prerequisites for compensation under the Act.” Id. In view of respondent’s concession and the evidence before me, the undersigned finds that petitioner is entitled to compensation.

IT IS SO ORDERED.

s/Nora Beth Dorsey Nora Beth Dorsey Chief Special Master